The Bozeman weekly chronicle., 1887-03-23

for sum to b. fixed bv the county COM
missioneY not exceeding five dollars per
day.
The board of county commissioners, at
their next regular meeting after the re-
turn of such report, shall proceed to con-
slider the same and all objections that
may be made thereto, and they shall
determine whether OF not such road
shall be established and opened for
travel And they may refer the matter
of viewing to the same or other viewers,
with instructions to report in like manner
as herein required or specially upon some
particular matter.
If the board of county commissioners
determine to open any such road, they
shall cause the full and final report of
the viewers. including the plat and re
port of the surveyor, any survey was
ordered to be recorded in the office of the
county clerk and recorder in the book
kept for that purpose.
The board of county commissioners
having considered the report of any road
view and the compensation to which any
person or persons damaged having been
ascertaincd and paid to the owner or
owners, or into court for him or them,
may order the road to be opened for
travel; and If they do 10 order they shall
.I | IN l,n ,.notal nj thran III
lie places along the line of said road,
giving al parties notice that they have,
or will direct their proper officers to open
and work the same frcm and after sixty
days from the date of such notice. Pro.
vilcd, no such road shall be ordered
opened through fields of growing crops,
or along line where growing crops
would thereby he exposed to stock, until
the owner or owners OF such crop shall
have sufficient time to harvest and care
| for the same
If the damages assessed to any person
or persons, bv reason of the alteration,
widening, changing or leaving out OF any
such road shall exceed the benefits, the
excess shall be paid to such person by
warrant on the county treasurer for the
amount.
If any person or persons. to whom
damages are awarded, be under disability
or cannot be found the same shall be set
apart to such person or persons in the
county treasury; provided, if in the
opinion of the county commissioners
such proposed roads not of sufficient i'm
portance tn the public to cause damages
to be paid by the county, they shall re.
fuse to establish the same as a public
highway, unless the expense and dam
ages of such part thereof as they deem
proper, shall be paid in advance by the
petitioners.
lfany person or persons be of opinion
that the damages awarded him or them
by the viewers are inadequate or i'll
sufficient, the board of county commits
sioners may agree with such person or
persons upon the measure of the same.
Any person owning or having an in-
terest in any land over which any pro.
posed road extends, who shall be of the
opinion that the damages awarded him
or them by the road viewers are made
ouate and insufficient. NAV personallv.
or by agent or attorney, on or before the
first day of the regular meeting of the
board of county commissioners held after
the report is filed in the Office of the
county clerk of the county in which tho
view was made, file A written request
made to the board ofcounty commission.
ers for iury to ascertain the compensa.
on which he or they NAV be entitled by
reason of damages sustained bv altering.
widening, changing or layinp ont sucb
road; provided, that either the board of |
county commissioners or said person or
persons may appeal from such decision
to the district court; and provided further
that if the iury award no greater dam
ages than Heretofore awarded, such per-
son shall pay al costs of such proceeding.
All public HIGHWAYS hereafter laid out
in this territory shall be sixty feet in
width. unless otherwise ordered by the
board of county commissioners.
Whenever petition shall be presented
to the board of county commissioners. of
any county of this territory prayinp for
public highway and the names of all
the owners ofall the land through which
said road is to be signed thereto. giving
the right of way through the lands,
and accompanied by a plat of the
road it shall be the duty of the county
if in their opinion the
public good requires it, to declare the
Il public highway and there.
upon the plat shall be filed and recorded
and the same shall berome nuhlir b;ob.
way from and after that date
The manner of layinr ont anv private
wagon road from the dwelling of any
person, or from apy mill. timber. water.
ing place or any other place to which
access is needed for public or private use
to any public road, and of containing the |
lands necessary therefor shall he the
same as bereinbeforeIproyided excentipg
that the viewers of the same sb,, on,v
receiye comnensatiop for on, a.v,s CO..